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Manhattan domestic violence lawyer Russ Kofman (https://www.lebedinkofman.com/can-i-drop-the-charges-for-domestic-violence/) of Lebedin Kofman LLP has recently published an insightful article addressing the question many individuals in the heat of a domestic dispute ask: “Can I drop the charges for domestic violence?” The article provides a nuanced look at the legal realities faced by those involved in domestic violence incidents and the role of law enforcement and the legal system in such cases.

The Manhattan domestic violence lawyer sheds light on a common scenario where a heated argument leads to a call to the police, and the subsequent events unfold in a way that the initial caller may not have intended. Kofman emphasizes the critical role that a legal professional plays in navigating the complex waters of such legal situations.

According to the Manhattan domestic violence lawyer, when the police respond to a domestic disturbance, their policy generally requires them to arrest the party they identify as the initial aggressor. This approach stems from a history of domestic incidents that escalated after police left the scene, sometimes resulting in tragedy. “The New York Police Department has developed policies to ensure that domestic disputes are prosecuted, and protective orders are enforced to prevent further harm,” Kofman states.

The article further explains that the moment a Domestic Incident Report (DIR) is signed under penalty of perjury, the course of events can lead to an arrest, even if the person who made the call later wishes to retract their statement. Kofman cautions, “Signing a DIR without fully understanding its contents or the implications could inadvertently lead to an arrest.”

Kofman clarifies the misconception that an arrest can be stopped simply because the victim changes their mind. “It’s not always about the individual versus the accused; it’s about the People of the State of New York enforcing the law,” he explains. The decision to proceed with charges often rests with the prosecutors based on the evidence and policies in place.

The article also delves into the mandatory arrest policies in New York for domestic violence cases and the extensive investigative procedures followed by the police. Even if the victim later wishes no action to be taken, the police have a duty to follow the law, which often results in an arrest and the involvement of the court system.

Kofman’s article goes on to discuss the duration of domestic violence cases and the factors that influence their length. He highlights the importance of having a proactive attorney who can navigate the legal system efficiently and possibly expedite the process.

In situations where a partner wishes to drop assault charges, Kofman notes that the power to dismiss the case does not rest with the victim but with the prosecutors. He underscores the critical influence a victim’s testimony can have on the outcome of the trial, but also points out that the prosecutor can compel a victim to testify if necessary.

The complexities surrounding the decision to drop domestic violence charges are vast and require a thorough understanding of legal procedures and the justice system. Kofman’s article serves as a vital resource for those seeking clarity in such emotionally charged and legally intricate circumstances.

For individuals facing the challenges of a domestic violence case, the guidance of a seasoned Manhattan domestic violence lawyer like Russ Kofman is invaluable. The legal team at Lebedin Kofman LLP is equipped to provide support and advice tailored to the unique aspects of each case.

About Lebedin Kofman LLP:

Lebedin Kofman LLP is a law firm that prides itself on its compassionate and dedicated legal representation in criminal defense and domestic violence cases. With a team of skilled attorneys, the firm is committed to providing clients with the highest quality legal counsel. Their approach combines a deep understanding of the law with a commitment to achieving the best possible outcomes for their clients. Through meticulous preparation and a personalized approach to each case, Lebedin Kofman LLP stands as a pillar of support for those navigating the complexities of the legal system.

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